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GIBSON v. COMMONWEALTH

381 Mass. 372 (1980)

409 N.E.2d 741

RICHARD GIBSON vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

August 22, 1980.

Attorney(s) appearing for the Case

Steven M. Wise for the petitioner.

Robert M. Payton, Assistant District Attorney, for the Commonwealth.

Richard J. Hayes, William J. Leahy, Martin R. Rosenthal & Brownlow M. Speer, for the Massachusetts Defenders Committee, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, WILKINS, LIACOS, & ABRAMS, JJ.

WILKINS, J.

This is the second case we decide today involving the claim of an accused that he would be denied his constitutional right against being placed twice in jeopardy if a new trial is offered as the only relief from his conviction on insufficient evidence presented at a bench trial in a District, Municipal, or Juvenile Court.

On May 4, 1978, the petitioner, whom we shall call the defendant, was convicted...

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